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ISFAPP00790
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ISFAPP00790
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Last modified
6/27/2016 3:18:52 PM
Creation date
10/5/2006 10:20:16 PM
Metadata
Fields
Template:
Instream Flow Appropriations
Case Number
73W1946
Stream Name
Carter Creek
Watershed
Fryingpan River
Water Division
5
Water District
38
County
Eagle
Instream Flow App - Doc Type
Final Decree/Stipulations
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<br />~;;;-;~~>'#" <br /> <br />10. This appropriation to maintain min~mum stream flow is made under <br />the provisions of Section 148-21-3(6), (7), and (10) as amended <br />by Senate nill 97, signed into law April 23, 1973. <br /> <br />11. On September 28, 1973, the Colorado River Water Conservation District <br />filed, in Water Court for Water Division No.5, a Statement of <br />Opposition to this application in which it is stated: The Colorado <br />River Conservation District has no objection to the granting of the <br />application for water rights on the condition, however, that as <br />a part of the Ruling of the Ref~ree and the Decree of the Water Court <br />a Finding is made and an Order entered that the Congress of the United <br />States of America in authorizing the construction of the Frying Pan- <br />Arkansas Project (76 Stat. 389) specifically directed the operation <br />of the project in accordance with certa~n Operating Principles <br />appearing as House Document No. 130, 87th Congo 1st Sess., and that <br />the Ruling and Decree are not intended to be, nor shall it be <br />construed as, an amendment, variation, abrogation or construction of <br />such Operating Principles. <br /> <br />The Referee does therefore conclude that the above entitled application <br /> <br />should be granted and that 2.0 cubic feet of water per second of time during the <br /> <br />period 'from April 1 to September 30, and 1.0 cubic foot of water per second of time <br /> <br />during the period from October 1 to March 31, is hereby awarded to Carter Creek, <br /> <br />from a point immediately below the collection system of the Frying Pan-Arkansas <br /> <br />Project to the point of confluence with the North Fork of the Frying Pan River, <br /> <br />for the purpose of maintaining such minimum flows in the stream bed as are required <br /> <br />to preserve the natural environment to a reasonabl~ deqree, with appropriation <br /> <br />date of the 12th day of July, 1973, absolutely and unconditionally; subject, however, <br /> <br />to all earlier priority rights of others in accordance with law, and also subject <br /> <br />to the Operating Principles of the Frying Pan-Arkansas Project. <br /> <br />It is accordingly ORDERED that this ruling shall be filed with the Water <br /> <br />Clerk and shall become effective upon such filing, subject to judicial review <br /> <br />pursuant to Section 148-21-20 CRS 1963 as amended (1971). <br /> <br />It is further ORDERED that a copy of this ruling shall be filed with the <br /> <br />appropriate Division Engineer and the State Engineer. <br /> <br />Done at the city of Glenwood Springs, Colorado, this / 9 ~ <br /> <br />day of tf/o/C:CMl3eL <br /> <br />, 1973. <br /> <br />".-;:>c::.. <br />No protest ~as filed in thi.:.'l'.t:3.ttoJ'. <br />The torcg~ing rUling is conf1r~cd <br />and approved, and is made the <br />Judgment and Decree of this court. <br /> <br />Dated. ~ ""l/41t/ , <br />~Ji;a~rWM1L <br /> <br />BY THE REFEREE: <br /> <br />~~r&L <br />tar Referee <br />ater Dlv~S10n No.5 <br />State of Colorado <br />
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